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Le juge et la coutume internationale : perspective de l’Union européenne et de la Cour de justice

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image of The Law & Practice of International Courts and Tribunals

Abstract Jiří Malenovský presents the perspective of the European Union (EU) and of the Court of Justice of the European Union (CJEU) with regard to the issue of the judge and international custom. His presentation focuses notably on (I) the EU’s contribution to the formation of customary rules and on (II) the various approaches taken by the CJEU over time as to the binding force of international custom in the EU’s legal order. Furthermore, Jiří Malenovský illustrates (III) the various degrees of openness towards international custom in the case-law of the CJEU. He also presents (IV) the criteria used by the CJEU in its cautious attempts to identify both the existence and the content of the rules of international customary law. Finally, he provides information with regard to (V) the CJEU’s evaluation of the direct effect/applicability and enforceability of customary international rules.


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